Kelly v. Commissioner of the Department of Correctional Services

Appellate Division of the Supreme Court of New York

Kelly v. Commissioner of the Department of Correctional Services

283 A.D.2d 747, 724 N.Y.S.2d 367, 2001 N.Y. App. Div. LEXIS 4874

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 10, 2001

StatusPublished

Cited by1 cases

This text of 283 A.D.2d 747 (Kelly v. Commissioner of the Department of Correctional Services) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kelly v. Commissioner of the Department of Correctional Services, 283 A.D.2d 747, 724 N.Y.S.2d 367, 2001 N.Y. App. Div. LEXIS 4874 (N.Y. Ct. App. 2001).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit unauthorized exchange, solicitation of smuggling and facility correspondence violation. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references to the disciplinary hearing have been ordered expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Witherspoon v Goord, 243 AD2d 931).

Crew III, J. P., Peters, Carpinello, Mugglin and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit unauthorized exchange, solicitation of smuggling and facility correspondence violation. The Attorney General has advised this Court by letter that the determination at issue has been administratively reversed and that all references to the disciplinary hearing have been ordered expunged from petitioner’s institutional record. Inasmuch as petitioner has received all the relief to which he is entitled and is no longer aggrieved, the matter is dismissed as moot (see, Matter of Witherspoon v Goord, 243 AD2d 931).

Crew III, J. P., Peters, Carpinello, Mugglin and Lahtinen, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

283 A.D.2d 747, 724 N.Y.S.2d 367, 2001 N.Y. App. Div. LEXIS 4874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-commissioner-of-the-department-of-correctional-services-nyappdiv-2001.

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